JUDGEMENT
A.M. Khanwilkar, J. -
(1.) This appeal is directed against the judgment and order dated 3rd August, 2017, passed by the High Court of Judicature at Allahabad in Writ-C No.27912 of 2017, whereby the Division Bench of the High Court dismissed the writ petition filed by the appellant for challenging the no confidence motion notice issued under Section 15 of The U.P. Kshettra Panchayats and Zila Panchayats Adhiniyam, 1961 (for short, "the Act").
(2.) A Notice was issued by the Collector/District Magistrate, Bulandshahar, U.P., dated 15th June, 2017 on the basis of requisition given by 32 members out of 59 members of the Kshettra Panchayat, expressing no confidence against the appellant who was the Block Pramukh of Kshettra Panchayat, Lakhawati at the relevant time. The notice had fixed the meeting date as 1st July, 2017 i.e. on the 17th day from the date of notice. The appellant challenged the said notice by way of a writ petition before the High Court of Allahabad on two counts. First, that the Collector had failed to hold an enquiry into the validity of signatures of 10 members, who subsequently filed affidavits stating that their signatures were obtained by fraud. Second, that there was no clear 15 days' notice as contemplated under sub-section (3) of Section 15 of the Act. The Division Bench, after considering the factual position emanating from the record before it, negatived both the contentions and eventually dismissed the writ petition filed by the appellant vide the impugned judgment.
(3.) Feeling aggrieved, the appellant has approached this Court raising the self-same two grounds urged before the High Court, for challenging the validity of the no confidence motion notice dated 15th June, 2017. The respondents have supported the reasons recorded by the High Court and would contend that both the grounds urged by the appellant are devoid of any merit.;
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.